Delight for 'child abuse' couple as judge rules they can take son home for the first time

Friday 3 November 2006 23:22 BST

Nicola Webster and her husband Mark emerge from the High Court

A couple whose lives were thrown into despair when social services took away their fourth child after accusing them of abuse have won a dramatic victory after a judge ruled they could take the baby home for the first time.

Five-month-old Brandon was born in Ireland after Nicola Webster and her husband Mark fled there during the pregnancy, fearing he would be taken from them like their three other children.

Under pressure from the authorities, they returned to England after Brandon's birth but he was immediately taken into care.

Mr and Mrs Webster were allowed to live with him at a council-run unit, but were watched 24 hours a day.

Their fight to get him back was finally rewarded was on Friday, just one day after the lifting of a secrecy order which prevented the case from being reported.

But they insisted they still wanted to clear their names over their older three children, who were taken away after one boy suffered a broken leg.

The couple - who claimed the injury was due to their son suffering from brittle bone disease - were accused of child abuse and all three children were adopted.

After the hearing, Mr Webster said: "We are very, very pleased, but we have not won yet. We have a long way to go."

Mr Justice Munby, sitting at the High Court, said: "I approve of this important step in Brandon's life. Within the next few days, Brandon will be moving home with his parents."

The judge had earlier said: "The permanent loss of all their three children must have been devastating for both parents."

The couple's solicitor, Sarah Harman, said: "This is not a celebration. It is an important step forward for Nicola and Mark.

"They are being allowed to take Brandon back home pending a final hearing in June. This is a remarkable outcome for them.

"They lost three children into adoption only two years ago after court findings that they abused one of their children, causing fractures, and neglected their children.

"It was the view of the court that the children were not safe in their care - nor with anyone in their large and extended family.

"Nicola and Mark have always and will always deny any ill treatment. They love their three elder children - think of them every day.

"The last four months they have been under 24-hour a day supervision and they have had two in-depth assessments by psychologists. They have demonstrated they are good and loving parents to Brandon."

To the couple's anger, Norfolk County Council, who put Brandon into care, released a position statement following the hearing, stating that Mr and Webster were found to have caused "significant harm to their two eldest children", while the other had been "at risk of significant harm".

It said a court had found six fractures were "inflicted upon" one of the boys and their daughter had suffered from "emotional deprivations".

However, a psychiatrist found the couple had "developed and practised good parenting skills" at the unit where Brandon has been cared for, and were determined to "prove themselves".

The Websters saw their first three children, all under the age of five, taken away after they took their young son to hospital with swelling and pain in his leg.

Doctors found breaks in his leg and said they could only have been caused by physical abuse.

The parents said the injury was a result either of brittle bone disease or their son's soya milk diet, given to him because he was intolerant to lactose.

Their other children were an older girl and a baby boy, who suffered no such fractures.

All three children spent two years in foster care while their parents fought unsuccessfully for custody in the family court. The children were legally adopted this year.

Even if the couple have the case over their three other children reopened and manage to clear their names, they will never be able to get those children back because adoption cannot be reversed.

Mr Justice Munby said the agreement was that after Brandon's return home, the Websters will still be closely monitored.

They will receive unannounced visits from social workers, have daily contact with staff such as health visitors, and possible therapy and other assistance.

The hearing at the High Court next June will decide whether they can keep their son permanently.